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IP News: Using Counterfeit Software May Trigger Lawsuit In The U.S.: A Review Of The Newly Revised Washington Unfair Business Practices Act

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IP News: Using Counterfeit Software May Trigger Lawsuit In The U.S.: A Review Of The Newly Revised Washington Unfair Business Practices Act
Date:2012-01-09


    Using Counterfeit Software May Trigger Lawsuit In The U.S.: A Review Of The Newly Revised Washington Unfair Business Practices Act

    An Act titled Sale of Products--Stolen or Misappropriated Information Technology was enacted by the State of Washington ("Washington") this year and became effective on July 22nd, 2011. Under this act, a business that manufactures a product while using stolen or misappropriated information technology("stolen IT") in its business operations engages in unfair competition when the product is sold in Washington, either separately or as a component of another product, in competition with a product made without use of stolen IT. A new cause of action allows private plaintiffs or the Attorney General to sue anyone who engages in this unfair competition, or to bring a claim against products made using stolen IT.

    Mr. Zhang Guangliang, Associate Professor of Law School of Renmin University of China, wrote English and Chinese articles, namely the New Unfair Competition Act of the State of Washington and Its Effects on the Manufacturing Industry of China. In these articles, Mr. Zhang Guangliang not only introduced this Act’s background and its characteristics, but also put forward some advice on how to avoid the legal risk and the business risk, etc. Interested members please click: http://opinion.hexun.com/2011-11-05/134911675.html for the article in Chinese and
    http://ipr.chinadaily.com.cn/2011-12/27/content_14336039.htm for the article in English. The letter that the National Association of General Attorneys wrote to the Federal Trade Commission Commissioner and Director of the Bureau of the Competition was here: http://www.naag.org/assets/files/pdf/signons/FTCA%20Enforcement%20Final.PDF for your reference.

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